Texas recognizes same-sex marriage. In 2015, the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges, which declared that same-sex couples have a constitutional right to marry. This decision invalidated any state laws prohibiting same-sex marriage, including those in Texas. Since then, same-sex couples have been able to legally marry in Texas and receive the same legal rights and protections as opposite-sex couples. While there have been some efforts to restrict LGBTQ+ rights in Texas, same-sex marriage remains legal and recognized in the state.
The Process of Getting Married in Texas
The process of getting married in Texas involves several steps. Here is a general overview of what you need to do:
- Apply for a marriage license: Both parties must apply in person at a county clerk’s office in Texas. You will need to provide identification, such as a driver’s license, passport, or birth certificate.
- Pay the fee: The fee for a marriage license varies by county in Texas, but it typically ranges from $70 to $90.
- Wait for the waiting period: In Texas, there is a 72-hour waiting period from the time you apply for a marriage license until you can get married. However, this waiting period can be waived under certain circumstances, such as if you are a member of the military.
- Have a wedding ceremony: You can have a wedding ceremony anywhere in Texas, as long as it is performed by an authorized person, such as a religious leader or a justice of the peace.
- Obtain a marriage certificate: After the wedding ceremony, the officiant will sign the marriage license, and you will need to return it to the county clerk’s office to obtain a marriage certificate. This certificate serves as legal proof of your marriage.
It is important to note that the requirements and procedures for getting married in Texas may vary depending on the county, so it is recommended that you check with your local county clerk’s office for specific information and guidance.
Can Same-sex Partners Join a “Common Law” or Informal Marriage?
Same-sex couples in Texas can enter into an informal or “common law” marriage, just like opposite-sex couples. Texas recognizes common law marriage as a legal and binding marriage if certain requirements are met. To establish a common law marriage in Texas, the couple must:
- Agree to be married: Both parties must have the present intent to be married.
- Live together: The couple must live together in Texas as husband and wife.
- Hold themselves out as married: The couple must hold themselves out to others as being married, such as by referring to each other as husband and wife, filing joint tax returns, or using the same last name.
It is important to note that Texas has specific requirements for establishing a common-law marriage, and not all states recognize common-law marriage. If you are unsure whether you have a common-law marriage or whether it is legally recognized in your state, it is recommended that you seek legal advice from a qualified attorney.
A Will Is an Important Part of the Overall Estate Planning Process
Even though same-sex marriage is legal in Texas, it is still recommended that you have the will to direct the distribution of your assets after your death. While marriage can simplify the distribution of your assets, it does not automatically guarantee that your property will be distributed according to your wishes.
If you die without a will, your assets will be distributed according to Texas intestacy laws, which may not reflect your wishes or the needs of your surviving spouse. For example, if you have children from a previous relationship, they may be entitled to a portion of your assets under Texas law, which could reduce the amount that goes to your spouse.
Having a will allows you to direct how your property will be distributed after your death, and to name a specific person to serve as the executor of your estate. This can help to ensure that your assets are distributed in a way that reflects your wishes, and that your surviving spouse is provided for in the way that you intended.
In short, while same-sex marriage can simplify the distribution of your assets, having a will is still an important part of your overall estate planning process.
Can Same-sex Couples Divorce?
Yes, same-sex couples in Texas can legally divorce, just like opposite-sex couples. The process for obtaining a divorce is generally the same for same-sex and opposite-sex couples. To file for divorce in Texas, at least one spouse must have been a resident of Texas for at least six months prior to filing.
The divorce process in Texas typically involves several steps, including filing a petition for divorce with the court, serving the other spouse with a copy of the petition, and attending court hearings to resolve any disputes related to property division, child custody, and other issues.
It is important to note that same-sex couples who were married in a state that recognizes same-sex marriage but live in a state that does not recognize same-sex marriage may face additional legal complications when seeking a divorce. It is recommended that you seek legal advice from a qualified attorney if you are in this situation to ensure that your rights are protected.
Texas Same-Sex Marriage License
Same-sex couples in Texas can obtain a marriage license by following the same process as opposite-sex couples. Both parties must appear in person at a county clerk’s office in Texas to apply for a marriage license. You will need to provide identification, such as a driver’s license, passport, or birth certificate, as well as other information such as your Social Security number and any previous marriage information.
The fee for a marriage license varies by county in Texas, but it typically ranges from $70 to $90. After you apply for the license, there is a 72-hour waiting period before you can get married. However, this waiting period can be waived under certain circumstances, such as if you are a member of the military.
Once the waiting period has passed, you can have a wedding ceremony anywhere in Texas, as long as it is performed by an authorized person, such as a religious leader or a justice of peace. After the wedding ceremony, the officiant will sign the marriage license, and you will need to return it to the county clerk’s office to obtain a marriage certificate. This certificate serves as legal proof of your marriage.
The Bottom Line
Same-sex marriage is legal in Texas as a result of the U.S. Supreme Court’s ruling in Obergefell v. Hodges in 2015. Same-sex couples in Texas can obtain a marriage license by following the same process as opposite-sex couples, which involves applying for a license in person at a county clerk’s office, paying a fee, and waiting for the 72-hour waiting period to pass. Same-sex couples can also enter into a common-law marriage if they meet certain requirements. Additionally, same-sex couples in Texas can legally divorce. Despite legal recognition of same-sex marriage in Texas, it is still recommended that same-sex couples have the will to direct the distribution of their assets after their death.